di Marco Pedersoli
The paper provides a short comment to a recent Costitutional Court judgment in which It is called upon in order to take a decision if the current regulation of the so called SCIA (Segnalazione certificata di inizio attività – an italian semplified authorisation procedure) complies with the Italian Constitution with particular regard to the rights of third parties of this specific process.
In particular the Court rules that they can only urge the administration to take a measure as long as it has the power to do it. Therefore, when the public power is exhausted due to time, third parties will lose every kind of administrative measure amendment possibility